Oma And Others vs State Of U.P.
2013 Latest Caselaw 1105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3624 of 2012
 

 
Petitioner :- Oma And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.C. Srivastava,Rajeev Kumar Saini
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri R.C. Srivastava, learned counsel in support of bail prayer of  the appellant Manoj @ Munim and the learned A.G.A. for the State.

The appellant has been convicted in S.T. No. 356 of 2007 for offences under sections 149 and 323/149 I.P.C., Police Station Rampur, District Saharanpur and the maximum sentence awarded to them is life imprisonment. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.

It is urged that there are cross versions and on the version stated by the appellant other side has also been convicted under Section 326 I.P.C. for five years of imprisonment. It is further submitted that appellant Manoj @ Munim has also sustained injury.  It is further submitted that once the trial judge opined that the defence of the appellant is quite probable he should not have record appellant's conviction.  It is further submitted that all the appellants were on bail during trial, which liberty they had not misused and chances of appeal being heard in near future is extremely bleak.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellants on bail.

Let the appellant Manoj be enlarged on bail on their furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial number for the above offences.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellant is allowed one month time to deposit Rs. 10,000/- of fine awarded to him. Rest of the amount of fine shall remain stayed during the pendency of the appeal.

Order Date :- 18.4.2013

Priyanka